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Government Appeals GLAD’s Victory in DOMA Lawsuit

Today, the Department of Justice filed a notice of appeal in Gill v. Office of Personnel Management, GLAD’s challenge to Section 3 of the Defense of Marriage Act (DOMA). The case was heard in May 2010 by U.S. District Court Judge Joseph L. Tauro, who issued a decision finding DOMA Section 3 unconstitutional on July 8, 2010.

“We fully expected an appeal and are more than ready to meet it head on,” says Mary L. Bonauto, GLAD’s Civil Rights Project Director. “DOMA brings harm to families like our plaintiffs every day, denying married couples and their children basic protections like health insurance, pensions, and Social Security benefits. We are confident in the strength of our case.”

The case is now before the United States Court of Appeals for the First Circuit. The next step will be for the government to file its brief to that court arguing that Judge Tauro’s ruling was wrong. GLAD will then file its brief in opposition to the government, and finally the government will file a reply brief. At that point, the appeal will be scheduled for oral argument. Briefing could be concluded by the spring of 2011 with oral argument to follow by the fall of 2011.